AIR 1968 GOA, DAMAN AND DIU 78

Goa, Daman and Diu Judicial Commissioner's Court

Hon'ble Judge(s): V. S. Jetley , J

(A) Motor Vehicles Act (4 of 1939) , S.110A— Court - Claims Tribunal is not a "Civil Court" - Orders passed by Tribunal not revisable u/S.115 (c) Civil P.C. - High Court's supervisory jurisdiction under Art.227 of Constitution. In view of the scheme of the Motor Vehicles Act and rules made thereunder the Claims Tribunal cannot be regarded as a Civil Court for the purposes of revision under Section 115(c) of the C. P. Code and Section 8(2)(b)(i) of the Goa, Daman and Diu (Judicial Commissioner's Court) Regulation 1963. It can be regarded as a Tribunal for the purposes of supervisory jurisdiction vested in High Court under Art.227 of the Constitution.(Para 4 6) (B) Motor Vehicles Act (4 of 1939) , S.110A(3) Proviso— "Sufficient Cause" - Construction of - Liberal Construction should be adopted. In regard to beneficient legislation what is sometimes described as an equitable construction of the statute is permissible and it would be the duty of the Court to adopt such a construction of the statute as shall suppress the mischief and advance the remedy which the legislature has in view. The object of the Motor Vehicles Act (1939) is to provide compensation in respect of accidents involving the death of or bodily ....